1. Agreement to these terms
These Terms of Use ("Terms") are a binding agreement between you and DeepGround ("DeepGround", "we", "us") governing your access to and use of the DeepGround website, web application, AI agents, telephony features, integrations, and related services (collectively, the "Service").
By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business. If you do not agree, do not use the Service.
2. The Service
DeepGround provides AI-powered agents that can answer phone calls, exchange text messages and emails, schedule appointments, and perform other tasks on your behalf, including by connecting to third-party services you authorize. Agents act on the instructions and configuration you provide.
The Service relies on large language models and may produce output that is inaccurate, incomplete, or inappropriate. You are responsible for reviewing agent configuration, monitoring agent activity, and confirming any consequential action (such as sending an email or booking a job) meets your expectations. DeepGround does not provide legal, medical, financial, or other professional advice.
3. Accounts and eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate account information and to keep it current. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at hello@deepground.app if you suspect unauthorized access.
4. Third-party services and integrations
The Service lets you connect third-party accounts such as Google (Gmail and Google Calendar), Jobber, Housecall Pro, and others ("Third-Party Services"). By connecting a Third-Party Service you authorize DeepGround to access and act on the data in that account as needed to provide the features you enable, and you represent that you have the right to grant that access.
Your use of a Third-Party Service is governed by that provider's own terms and privacy policy. Use of data obtained from Google APIs is further described in the Google user data section of our Privacy Policy. We are not responsible for the availability, accuracy, or conduct of Third-Party Services. You may disconnect a Third-Party Service at any time from the Integrations page.
5. Telephony and messaging compliance
If you use phone or SMS features, you are responsible for complying with all laws that apply to your communications, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state call recording and consent laws, and carrier messaging rules. In particular, you agree to:
- Obtain any consent required before recording calls, sending marketing messages, or contacting individuals.
- Honor opt-out and do-not-call requests promptly.
- Provide accurate business identification in agent scripts and messages.
DeepGround may add disclosures (such as notice that a call is being recorded or handled by an AI assistant) where we believe they are legally required.
6. Acceptable use
You agree not to use the Service to:
- Violate any law or the rights of others.
- Send spam, unsolicited communications, or deceptive, fraudulent, or harassing content.
- Impersonate any person or entity, or misrepresent that an agent is a human when asked directly.
- Collect or process sensitive personal information (such as health or financial data) without a lawful basis and any required agreements with us.
- Reverse engineer, scrape, or interfere with the Service or its security features, or attempt to access accounts or data that are not yours.
- Resell or provide the Service to third parties except as expressly permitted by your plan.
We may suspend or terminate accounts that violate these Terms or pose a risk to the Service, other users, or third parties.
7. Your content and data
You retain ownership of the content, configuration, and data you provide to or generate through the Service, including data from connected accounts ("Your Content"). You grant DeepGround a limited, non-exclusive license to host, process, transmit, and display Your Content solely to provide and support the Service and as described in our Privacy Policy.
You are responsible for Your Content and for ensuring you have all rights and consents needed for DeepGround to process it, including with respect to your customers and callers.
8. Plans, fees, and cancellation
Some features require a paid subscription. Fees are billed in advance on a recurring basis according to the plan you select and are non-refundable except where required by law. Usage-based charges (for example, call minutes beyond your plan's allowance) are billed as incurred. We may change pricing with at least 30 days' notice; changes take effect at your next renewal.
You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access until then.
9. Intellectual property
The Service, including its software, design, agent templates, and trademarks, is owned by DeepGround and protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights. Feedback you provide may be used by us without obligation to you.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AGENT OUTPUT WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPGROUND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
12. Indemnification
You agree to defend, indemnify, and hold harmless DeepGround and its officers, employees, and contractors from any claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, your communications with your customers, or your violation of these Terms or applicable law.
13. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service, in which case we will provide reasonable notice where practicable. Upon termination, your right to use the Service ends and we will handle Your Content as described in our Privacy Policy. Sections that by their nature should survive termination will survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction. Before filing a claim, you agree to contact us and attempt in good faith to resolve the dispute informally for at least 30 days.
15. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact us
Questions about these Terms? Email us at hello@deepground.app.